Rikhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44108 of 2019 Arising Out of PS. Case No.-120 Year-2018 Thana- CHANDAN DistrictBanka ====================================================== 1.

RIKHIYA DEVI, aged about 45 years, female, Wife of Sanu Pandit Resident of Village- Supaha, P.S.- Chandan, District- Banka. 2.

Raju Pandit, aged about 45 yeaqrs, male, Son of Bhaya Lal Pandit Resident of Village- Supaha, P.S.- Chandan, District- Banka. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Brij Nandad Prasad, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 325, 324, 308, 504/34 of the Indian Penal Code registered in connection with Chandan P.S. Case No. 120 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute. The accusation of assault is general and omnibus without any specific assault attributed to the petitioners. Injuries resulting from the assault alleged against the petitioners are simple in nature. The petitioners claims clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.44108 of 2019(2) dt.18-07-2019 2/2 Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Chandan P.S. Case No. 120 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner no. 1 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present and petitioner no. 2 shall remain physically present in Court on each and every date, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T